Alexander Hamilton Institute v. Hart
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Brown county. N. J. Monapian, Judge. The appeal is from a judgment dismissing plaintiff’s complaint, with costs. Plaintiff is a foreign corporation engaged in conducting a correspondence school, maintaining its principal office and place of.búsiness in the city of New York.
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Appeal from a judgment of the municipal court of Brown county. N. J. Monapian, Judge. The appeal is from a judgment dismissing plaintiff’s complaint, with costs. Plaintiff is a foreign corporation engaged in conducting a correspondence school, maintaining its principal office and place of.búsiness in the city of New York. In'January, 1920, the parties entered into an agreement in writing, pursuant to which the defendant, an advertising manager of the Goodrich Rubber Company, of Milwaukee, enrolled as a student in what is called the Modern Business Course and Service, extending over a period…
1Opinion of the CourtDoerfler, J.
Does the evidence in the case show a mutual rescission of an executory contract? The jury found that the twenty-four text-books had been returned by the defendant and that they were accepted by the plaintiff, and the judgment in part is based upon the theory that such *96finding of the jury is conclusive, under the evidence in the case, to support a mutual rescission. An executory contract in writing may be rescinded by an oral contract and such rescission may be by express agreement of the parties or may be inferred from the acts of the parties. 6 Ruling Case Law, p. 922, § 306. If the…
2Cases cited2 opinions
- International Text-Book Co. v. MartinNebraska Supreme Court · 1908
- International Textbook Co. v. MabbottWisconsin Supreme Court · 1915
3Cited by10 opinions
- Westmount Country Club v. KamenyNew Jersey Superior Court Appellate Division · 1964
- Brown v. State Automobile Insurance Assn.Supreme Court of Minnesota · 1944
- Amoco Oil Co. v. Capitol Indemnity Corp.Court of Appeals of Wisconsin · 1980
- St. Norbert College Foundation, Inc. v. McCormickWisconsin Supreme Court · 1978
- Green v. NelsonUtah Supreme Court · 1951
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